P. v. Skannal CA6
Defendant Justin Cerrone Skannal challenges the indeterminate third strike sentence imposed following his convictions by jury for attempted murder, assault with a deadly weapon, and making criminal threats. All charges arose from an incident where defendant kicked down the door of an apartment and repeatedly stabbed the mother of his estranged wife. Defendant argues his convictions must be reversed because the trial court erred by denying his motion to represent himself and by failing to instruct the jury sua sponte regarding unanimity, expert testimony, and a lesser included offense. As we will explain, the lack of instructions on unanimity and the lesser included offense of attempted criminal threats prejudiced defendant, but only as to the criminal threats conviction. We will therefore reverse the judgment and remand the matter for possible retrial on that count.
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